PESHAWAR: The Khyber Pakhtunkhwa establishment department on Thursday directed the government departments to ensure all future appointments should be made through open advertisement, competition and market in line with the Supreme Court order.

A establishment department letter addressed to the all the departments and attached formations stated that Supreme Court in its judgment had held that the appointment of a widow/widower, wife/husband or a child of civil servant in different grades on a contract or regular basis, without open advertisement, competition, and merit, is violation of Article 3, 4, 5(2), 18, 25(1), and 27 of the Constitution.

It said that the SC had directed all the federal and provincial authorities to withdraw all policies, rules and procedures that allowed appointment without open advertisement, competition and merit for the widow/widower, wife/husband or child of civil servants in different grades, who die during service or become permanently disabled/invalidated/incapacitated for further service or take retirement.

“All future appointments to KP government must be made in strict compliance with the SC order, ensuring appointments are based on open advertisement, competition and merit,” the letter said.

However, it said that this order would not affect the policies, rules or compensation packages of the federal and provincial governments to the benefit of the legal heirs of martyred personnel of law enforcement agencies and civil servants who lost their lives in terrorist activities.

Earlier in October this year, the apex court had set aside the government job quota scheme for family members of low-grade employees who retire on medical grounds, die during the service or become disabled, declaring the same as discriminatory and unconstitutional.

Under the quota scheme, a widow/widower, wife/husband or child of a civil servant in different grades was appointed on a contract or a regular basis, without an open advertisement, competition or merit.

Published in Dawn, November 22th, 2024

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